Planning & Development Act 2000 (as amended):Draft Tree Preservation Order [Lock Road, Lucan] 2015

28/04/2015

Archived item. This item is published here for historical reasons. The information below may be out of date.

Planning and Development Act 2000 (as amended)

Draft Tree Preservation Order [Lock Road, Lucan] 2015

Reference No. in Planning Register TPO/0005

Whereas it appears to South Dublin County Council (hereinafter called the "Planning Authority") being the Planning Authority for South Dublin County that it is expedient in the interests of amenity to make provision for the preservation of the treesspecified in the First Schedule to this Order and more particularly delineated on the map annexed hereto.

NOW THEREFORE in exercise of the powers conferred on them by section 205 of the Planning and Development Act 2000 (as amended) the Planning Authority hereby orders that the cutting down, topping, lopping or wilful destruction of any of the trees specified in Part 1 of the First Schedule to this Order and delineated on the map annexed to the Order is prohibited, subject to the exemptions set out in Part 2 of the First Schedule to this Order, except with the written consent of the Planning Authority given in accordance with the procedure set out in the Second Schedule and the Provisions of Part III of the Planning and Development Act 2000 (as amended) specified in the Third Schedule.

The Planning Authority hereby declares that the trees specified in Part 1 of the First Schedule are of special amenity value.

This Order may be cited as the South Dublin County Council Tree Preservation Order [Lock Road, Lucan] 2015

Schedules

Schedule 1Part 1: Trees of Special Amenity Value

Part 2: Exemptions

This Order shall not apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any enactment or so far as may be necessary for the prevention or abatement of a nuisance or hazard.

Schedule 2Applications for Consent to the Planning Authority to the cutting down, topping, or lopping any tree the subject of this Order

Applications for Consent to the Planning Authority to the cutting down, topping, or lopping of trees can be made under Section 32 of the Planning and Development Act 2000 (as amended), and in accordance with the Planning and Development Regulations 2001 (as amended) or by applying to the Planning Authority to amend or revoke this Order under Section 205(6) of the Planning and Development Act 2000 (as amended).

Schedule 3

Section 32 states:

(1) Subject to the other provisions of this Act, permission shall be required under this Part

(a) in respect of any development of land, not being exempted development, and

(b) in the case of development which is unauthorised, for the retention of that unauthorised development.

(2) A person shall not carry out any development in respect of which permission is required by subsection (1), except under and in accordance with a permission granted under this Part

Dated: 25th day of April 2015

NOTE: Section 205(10) of the Planning and Development Act 2000 (as amended) provides that any person who contravenes an order or, pending the decision of a planning authority, a proposed order under this section, shall be guilty of an offence.

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